What Is A Simplified Dissolution Of Marriage In Florida?
Getting a divorce is never easy. When people imagine going through it, they often envision a long courtroom battle and a process that drags on for several months and in some cases, even years. Fortunately, divorce does not always have to be this way. It is possible to obtain a simplified dissolution of marriage in Tampa, which is a faster way to get a divorce and move on with your life than other types of divorce cases. Below, our Tampa uncontested divorce attorney explains what a simplified dissolution of marriage is, and the requirements you must meet to obtain one.
Defining Simplified Dissolution of Marriage in Florida
Under Florida law, certain couples can obtain a simplified dissolution of marriage. As the name implies, this is a simpler way for people to get a divorce. A petition is still filed at the court clerk’s office but instead of filing a Petition for Dissolution of Marriage, couples must file a Simplified Dissolution of Marriage, which is a different form entirely and tells the court which type of divorce you are seeking. If you are successful, your divorce can be finalized within about 30 days after you have filed the petition, as long as you meet the requirements for this type of divorce.
Requirements for Obtaining a Simplified Dissolution of Marriage
Married couples can obtain a divorce using the simplified dissolution process only if they meet all of the requirements for this type of divorce. One of the main requirements is that couples must file the petition jointly. Unlike in other divorce cases, one party cannot file the petition without the other party knowing or agreeing to the divorce. Other requirements for obtaining a simplified dissolution of marriage are as follows:
- The couple cannot have minor or dependent children together, and the woman cannot be pregnant,
- Couples must agree on how to divide marital property and the written agreement must be submitted to the court at the time of the first court appearance,
- The couple cannot have any unresolved financial obligations,
- At least one of the spouses must have met the residency requirement for divorce in Florida, which is six months, and the residency must be corroborated by a witness affidavit or Florida driver’s license, and
- They must draft a marital settlement agreement in which each party agrees to all terms of the divorce.
If any of the above statements are not true, a couple cannot obtain a simplified dissolution of marriage. For example, if the couple disagreed about how to divide certain marital assets, they would have to look into other options for getting a divorce, such as obtaining a mediated divorce.
Our Uncontested Divorce Attorneys in Tampa Can Assist with Your Case
Even when obtaining a simplified dissolution of marriage, you should still work with a Tampa uncontested divorce attorney. At All Family Law Group, P.A., our seasoned attorney will ensure you meet all the requirements and that all forms are filled out properly so there are no unnecessary delays in your case. Call us now at 813-672-1900 or contact us online to schedule a free consultation. Se habla Español